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Independence and the Limits of Markets

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A new book from Michael J Sandel asks, "What Isn't for Sale?" At least, that was the title of his article in the April Atlantic Monthly. The book is actually titled What Money Can't Buy: The Moral Limits of Markets and you can find it at your local bookstore. Broadband policy often deals with the term "market." Given the strong natural-monopoly characteristics of broadband networks, we generally make two points. 1) The private sector will not create a competitive market for Internet services absent smart government policies. Private companies consolidate, gain scale advantages, and crush the competition absent at least strong antitrust policies. 2) We can have a market for broadband services if we separate the physical infrastructure from the services. In this scenario, a network owner would not be allowed to offer services directly to end users. Independent service providers would use the network (under equal terms) to offer services to businesses and residents. This is the wholesale-only model (most associated with UTOPIA) and the closest examples in other infrastructure is the streets or airports. However, federal policymakers are too beholden to big corporate interests to pursue these policies; if a community wants an open access broadband market, it has to build its own network. Nevertheless, Sandel's discussion of markets and the insistence of some that markets can solve everything struck a cord with me. I'm a big believer in functioning markets -- which is why we work so hard to help communities that are stuck with only one or two distant corporations controlling all the broadband infrastructure. The refusal of big carriers to invest in communities skews many of the markets within those communities. So we are careful when we talk about markets. Given present technology, both wired and wireless, it is foolish to believe markets alone can solve our broadband problem. Which is what brings me back to Sandel's article in the Atlanic:
The great missing debate in contemporary politics is about the role and reach of markets. Do we want a market economy, or a market society? What role should markets play in public life and personal relations?
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The Internet is More Important than Broadband

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I encourage readers to visit Doc Searls post "Broadband vs. Internet" for a discussion about things that matter regarding the future of Internet access for most Americans.
The Internet is no more capable than the infrastructures that carry it. Here in the U.S. most of the infrastructures that carry the Internet to our homes are owned by telephone and cable companies. Those companies are not only in a position to limit use of the Internet for purposes other than those they favor, but to reduce the Net itself to something less, called “broadband.” In fact, they’ve been working hard on both.
There is a difference between the Internet and "broadband." Broadband is a connection that is always on and tends to be somewhat faster than the dial-up speeds of 56kbps. Broadband could connect you to anything... could be the Internet or to an AOL like service where some company decides what you can see, who you can talk to, and the rules for doing anything. The Internet is something different. It is anarchic, in the textbook definitional sense of being leaderless. It is a commons. As Doc says,
The Internet’s protocols are NEA:
  • Nobody owns them.*
  • Everybody can use them, and
  • Anybody can improve them.
Because no one owns it, few promote it or defend. Sure, major companies promote their connections to it (and when you connect to it, you are part of it) but they are promoting the broadband connection. And the biggest ones (Comcast, AT&T, Verizon, Time Warner Cable, etc) will do anything to increase the profits they make by being one of the few means of connecting to the Internet -- including charging much more and limiting what people can do over their connection, etc. This is one reason the connections from major corporations are so heavily tilted toward download speeds -- they want consumers to consume content. Just about every community network built in the last 3-4 years offers symmetrical connections by contrast.
Last I heard, the fastest cable offering in the upstream direction was 12Mbps. Cox, our cable provider in Santa Barbara, gives us about 25Mbps down, but only 4Mbps up. Last time I talked to them (in June 2009), their plan was to deliver up to 100Mbps down eventually, but still only about 5Mbps up.
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CED Magazine: Broadband is a Lifeline Service

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Hats off to a column published by CED Magazine this week, written by Editor-in-Chief Brian Santo. The discussion centers on proper government role in broadband:
These disagreements are hopelessly tangled in another argument entirely: What role should the government have in any market, let alone the broadband market? North Carolina’s state legislature just passed a law prohibiting municipal broadband services. But in the communications industry, many free-market and anti-regulatory arguments would be mooted if the market provided what is being asked for – affordable and universal access to broadband. Now, not later.
Communities are not building their own networks on a lark - they do it because they have to in order to ensure their future vitality. Just last week, we also answered the same question of the role of government in broadband when revisiting an excellent commentary published years ago about the proper role of government in matters of infrastructure. We will all benefit the most when we all have access to fast, affordable, and reliable access to the Internet. But blindly relying on a few massive companies to get us there is lunacy. They simply do not have the motivation or capacity to sufficiently invest or to run the networks in such a way that all have access -- as private companies, they are supposed to maximize profit. Maximizing profit is incompatible with managing infrastructure -- pricing access to infrastructure too high results in losses for everyone, including the vast majority of the private sector. At the very least, all communities must maintain the freedom to choose locally if building a network is the right decision for them.
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The Proper Role of Government in Broadband

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I was just reminded of an excellent presentation given by Andrea Casselton back on October 17, 2007, after the Saint Paul Broadband Advisory Committee developed this report. Unfortunately, the city of Saint Paul has not followed through on the fine recommendations of the Committee. As in so many other places, the economic downturn has made public investments more difficult. But not impossible. Good afternoon, I am Andrea Casselton, the Director of the Office of Technology and Communications for the City of Saint Paul. Thank you for holding this important hearing. On behalf of the City of Saint Paul, I would like to present some thoughts on the role of government in broadband policy. As part of my role for the City I acted as chair for the Saint Paul Broadband Advisory Committee which met from August 2006 to July 2007. The committee was comprised of 20 representatives from the community, government, a labor union, non-profits, education, and business associations. Some of the representatives on the BAC were also experts in the field of broadband and wireless technology. Several weeks ago the Committee’s recommendations report was published. My comments borrow heavily from that report. In my opinion, in order to decide whether there is a role for local and state government in the deployment of broadband in the state of Minnesota, we must first decide if we consider broadband to be infrastructure. The American Heritage Dictionary defines infrastructure as: “The basic facilities, services, and installations needed for the functioning of a community or society, such as transportation and communications systems, water and power lines, and public institutions including schools, post offices, and prisons.” For cities, towns and counties to successfully compete in the global economy they must be connected to the world. From harbors to railroads, from highways to airports, infrastructure has historically enabled the exchange of commerce, information, and people.
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North Carolina and Broadband as Infrastructure

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We dedicated a lot of coverage to Time Warner Cable's purchasing legislation to handicap communities from building competitive networks. Kara Millonzi, from the University of North Carolina School of Government, examined the new law and made a potentially interesting point. Communities have a steep mountain to climb to build a self-financing community network in the state but if a community wanted to treat broadband infrastructure like the roads they manage, the law may not impact them.
As stated above, S.L. 2011-84 imposes some significant limitations on a municipality’s authority to provide cable and Internet services. With some exceptions, the limitations apply to a “city-owned communications service provider.” A city-owned communications service provider is defined as:
  • a city
  • that provides cable, video programming, telecommunications, broadband, or high-speed Internet access service (collectively, communication services)
  • directly, indirectly, or through interlocal agreement or joint agency
  • to the public
  • for a fee
  • using a wired or wireless network (communications network).
This definition is important because the new limitations only apply to municipalities that meet all of its elements. In particular, the Act’s provisions only apply to a municipality that provides the listed services “for a fee.” That means that the requirements do not apply to any municipality that provides the above-listed communication services for free to the public. Many local governments provide free Wi-Fi service in their downtown or other central business areas. (In fact, I am taking advantage of Town of Carrboro’s free Wi-Fi as I draft this post.) If a municipality uses its unrestricted general fund revenue to finance this service, or any other communications services, it is not subject to the new Act’s provisions. (Note that many local governments actually offer this service by taking advantage of excess capacity on their internal broadband networks.)
Though it is an extreme long shot, it would be fascinating to see a community build a network without charging a direct fee to access.
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Wanna Be a Wonk? Understanding Regulatory Capture

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In the world of essential infrastructure, thousands of years of history have taught us that entities, acting on their own narrow interest, cannot be trusted to build or govern the building blocks of commerce or transportation. The temptation to abuse that powerful position has always proved too much for those without accountability to the public. For instance, if the only way to move goods is a canal, private canal owners will price at a high level or use their position to take a stake in all the industries using the canal. Such an arrangement is great for the canal owners but poor for the rest of society. Witness the history of canals and railroads. Two options to dealing with this problem have historically been either regulation or public ownership of such infrastructure. Readers of this site are undoubtedly well aware of our preference for public ownership - a structural approach using coops, local government, or non-profits to ensure the interests of the public at large receive the highest priority. This post explains one of the reasons a regulatory approach, whereby private companies still own the infrastructure (and often make key decisions) but must go through some form of public body that is supposed to prevent the natural interests of the private company from taking over and reducing the benefits to society at large. Writing in the Financial Times, John Kay explains regulatory capture, the process by which the agency or commission supposed to regulate effectively begins to act more in the interests of those regulated rather than the public. An obvious example of this is the Minerals Management Agency that has long improperly overseen the extraction industry, leading to the BP Gulf Oil Hole. As Kay rightly explains, there are multiple kinds of capture from outright corruption to something that leads some political science geeks bring up Gramsci and Hegemony...
But the most common form of capture is honest and may be characterised as intellectual capture. Every regulatory agency is dependent for information on the businesses it regulates. Many of the people who run regulated companies are agreeable, committed individuals who are properly affronted by any suggestion that their activities do not serve the public good.
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Internet is Infrastructure, Not Nicety

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Over the holiday break, I was visiting family in central Minnesota where they rely on dial-up for getting on the Internet. Translation: They are not on the Internet. Though I have previously said this, my experiences reminded me that nothing I do on the Internet on a daily basis is possible to do over dialup. I use gmail for my email - the delays in reading messages are intolerable and render email painful. Checking news sites is right out - they load up with all kinds of images and rich media advertisements. There is no "surfing" because it takes minutes to load a page - more like running through water than surfing over it. When I visit other family south of the metro area, I can use slow DSL - the best connection available there (at a price greater than what I pay in Saint Paul for a far faster connection) and the difference is notable - particularly when I try to send a large file to someone. When I returned home, I was ever-so-thankful for my faster cable connection... which is still far slower than options in many European or Asian countries though I pay far more than they do. Last month, Ben Scott of Free Press spoke on the NPR show "On the Media" regarding the importance of Internet access:

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Checking in on Seattle

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We occasionally look in on Seattle's broadband discussions because they are the largest city in the U.S. in which there is something approaching a serious discussion about a publicly owned community fiber network. They have a mayoral candidate who makes it a high priority and their Chief Technology Officer, Bill Schrier, both gets it and has an excellent staff that understands the benefits of such a network. Glenn Fleishman has just interviewed Bill Schrier about the network and subsequently discussed the public need for broadband in specific neighborhoods due to extreme market failure. I like Glenn's style - he asks difficult questions and pushes for real answers. That said, I still want to push back on one of his statements because I think it instructive:
Government is often criticized for eliminating competition, inefficiently providing private services, and removing the profit motive. However, market failures are often where governments are asked or begged to step in, and, when accomplished correctly, can provide new opportunities for private enterprise.
Glenn is absolutely right both in capturing some of the criticisms leveled at public networks as well as noting that publicly owned broadband tends to occur in the most difficult environments. Contrary to telco rhetoric, local government officials tend not to want to jump into telecommunications efforts unless they see it as vital for the community. They are busy enough and these networks take years of planning, public hearings, and lots of loud attacks from the very companies that refuse to build the needed networks. But look at the first two items that Glenn notes government is accused of: eliminating competition and inefficiently providing services. How is it that it can do both? Governments cannot coerce people into using the network and federal regulations prevent the local government from abusing its authority over the rights-of-way for the public network. Local governments can use untaxable bonds but private companies get depreciation, tax incentives, and can cross-subsidize from the nearby communities where they charge monopoly prices. As for removing the profit motive - this is hardly a criticism. Infrastructure should not be controlled by any entity with a profit motive - it is the foundation of all other markets.
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